Should Education Be Brought Back to The State List?

1. Education is essential for a good quality of life and the overall development of society. It shapes economic, social, and cultural progress.
2. Recently, incidents like the NEET UG and CSIR NET paper leaks have brought back the debate on how education should be managed in India.

• These issues have led to discussions about whether education should be moved back to the State List, giving states more control over it.
• Presently, education is under concurrent list of Schedule 7 of the Constitution enabling both the Centre as well as the States to enact laws.

Historical Background:

1. The modern education system in India was introduced by the British, who made significant changes through initiatives like the Macaulay Committee, Woods’ Despatch, Hunter Commission Report, and the Indian University Act of 1904.
2. The Government of India Act, 1935, established a federal structure, dividing powers between the central government (Union) and provincial governments (States). Education was placed under the provincial list, meaning it was managed by the states.
3. After independence, education continued to be a state subject, allowing states to control their own educational policies. It was listed under the State List in the Seventh Schedule of the Constitution.
4. During the Emergency in the mid-1970s, the Swaran Singh Committee recommended moving education to the Concurrent List. This would allow both the central and state governments to legislate on educational matters, aiming for a more unified national education policy.
5. This recommendation was implemented through the 42nd Constitutional Amendment in 1976, adding entry 25 to List III—Concurrent List. This entry covered education, including technical and medical education, universities, and vocational training. The change took effect on January 3, 1977.
6. Later, the 44th Constitutional Amendment attempted to address some issues from the Emergency period, but education remained on the Concurrent List.

Major Constitutional Provisions for Education

1. Article 21A: Requires the State to provide free and compulsory education for all children aged six to fourteen years. This rule was added by the 86^th Amendment Act, 2002, and started on April 1, 2010.
2. Article 41: The State must, within its resources, ensure the right to work, education, and public help in cases of unemployment, old age, sickness, disability, and other types of need.
3. Article 45: The State should work to provide early childhood care and education for all children until they turn six years old.
4. Article 46: The State must focus on improving the education and economic conditions of Scheduled Castes, Scheduled Tribes, and other weaker sections, protecting them from injustice and exploitation.
5. Article 51A(k): Parents or guardians are required to ensure educational opportunities for their children between the ages of six and fourteen.
6. Article 350A: States should provide primary education in the mother tongue for children from linguistic minority groups. The President can direct states to ensure this.
7. Fifth Schedule: Pertains to the administration of tribal areas in states like Rajasthan, Gujarat, and Maharashtra. It allows for the creation of Tribal Advisory Councils that can manage education and other aspects of governance in tribal regions.
8. Sixth Schedule: Deals with the administration of tribal areas in the northeastern states, providing for the establishment of autonomous councils that can manage education and local affairs.
9. Union List (Seventh Schedule):
   1. Entry 64: Covers institutions for scientific or technical education funded fully or partly by the Government of India and declared by Parliament as important national institutions.
   2. Entry 66: Deals with setting standards and coordinating higher education, research, and scientific and technical institutions.
10. Eleventh Schedule:
    1. Entry 17: Covers primary and secondary education.
    2. Entry 18: Includes technical training and vocational education.
    3. Entry 19: Addresses adult and non-formal education.
11. Twelfth Schedule (Article 243W):
    1. Entry 13: Focuses on promoting cultural, educational, and aesthetic aspects.

For and against bringing education back to the State List:

Arguments	For Bringing Education Back to the State List	Against Bringing Education Back to the State List
Fundamental Principles	Aligns with the original design of the Indian Constitution where education was under State List. Promotes federal balance by restoring power to state governments.	National integration is better fostered with a uniform education system. The Right to Education Act ensures minimum standards across India.
Policy and Implementation	Customized local policies can better cater to regional needs and cultural contexts. Reduces policy conflicts that arise between national and state policies.	Standardized skills align with national job market needs. Central oversight ensures quality and consistency in national institutions.
Resource Management	States, being significant investors in education, should have control over resource allocation.	A unified approach is needed for national challenges like digital literacy and climate change.
Quality and Accountability	Accurate merit assessment with state-defined admission criteria. Enhanced accountability with state management of educational institutions.	Quality issues in primary education, particularly in rural areas, indicate problems with state-level management.

Way Forward

1. To improve India’s education system, it’s important to balance national consistency with local flexibility. Instead of shifting the education from concurrent list "Collaborative Federalism" approach should be adopted. The central government may set essential standards while allowing states to customize policies to fit their specific needs.
2. Outcome-based funding should be introduced that will link financial resources to educational results, motivating states to boost quality.
3. Moreover, Decentralizing school management will help local communities address their unique educational challenges.
4. Reforms in teacher training and transfer policies will make the teaching workforce more effective and motivated as highlighted by TSR Subramanian Committee Report (2009). 
5. A standardized national assessment framework, paired with state-specific benchmarks, will support fair comparisons and respect regional differences.
6. Using technology will also ensure everyone has fair access to education, especially in remote areas.
7. Finally, a flexible National Curriculum Framework will align national goals with state-specific needs, leading to a more effective and responsive education system.

International Practices to Govern Education Systems United States: State and local governments set education standards, while the federal government provides financial aid and ensures equal access to education. Canada: Education is managed by the provinces, each handling its own education system. Germany: The Länder (states) have legislative power over education, meaning each state makes its own education laws. South Africa: Two national departments oversee education, while provincial departments handle local implementation and management. Finland’s Model: Finland’s education system does not rely on standardized tests. Instead, it focuses on collaboration between schools, teachers, and students to create a supportive learning environment.

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